[Ord. No. 5694, 4-13-2020]
A certain document, one (1) copy of which is on file in the
office of the City Clerk, such copy being marked and designated as
the International Swimming Pool And Spa Code, 2015, First Edition,
as published by the International Code Council, Inc., is hereby adopted
as the Swimming Pool and Spa Code of the City of Creve Coeur, Missouri,
for regulating and governing the construction, alteration, movement,
enlargement, replacement, renovation, repair, equipment, maintenance
and demolition of aquatic recreation facilities, pools and spas as
herein provided; and each and all of the regulations, provisions,
penalties, conditions, and terms of the International Swimming Pool
And Spa Code, 2015, First Edition, are hereby referred to, adopted
and made a part hereof, as if fully set out in this Article, with
the additions, insertions, deletions, and changes, prescribed in this
Article.
[Ord. No. 5694, 4-13-2020]
Throughout the International Swimming Pool And Spa Code, 2015,
First Edition, wherever the terms "name of jurisdiction" or "local
jurisdiction" appear, it shall be deemed to mean "City of Creve Coeur,
Missouri." Likewise, wherever the terms "department of building inspection"
or "department of building safety" appear, it shall be deemed to mean
"Creve Coeur Building Division." Wherever the term "code" appears,
it shall mean the International Swimming Pool And Spa Code, 2015,
First Edition, as hereby amended.
[Ord. No. 5694, 4-13-2020]
A.
Chapter 1 of the International Swimming Pool and Spa Code, 2015,
First Edition, is amended as set forth herein. Each Section, Subsection,
or clause of the code that numerically corresponds to one of the following
numbered provisions is hereby deleted where so noted, or amended to
read as set forth below. Each provision set out below without a corresponding
Section, Subsection or clause number in the code is hereby enacted
and added thereto.
1.
101.1 Title. Insert "City of Creve Coeur."
2.
104.6.1 Interference with Building Official. No
person shall hinder, obstruct, resist, fail to provide entry at reasonable
times, or otherwise interfere with the Code Official in the performance
of his/her official duties.
3.
104.12 Rule-making authority. The Building Official
shall have authority, as necessary in the interest of public health,
safety and general welfare, to adopt and promulgate rules and regulations
to interpret and implement the provisions of this code, to secure
the intent thereof and to designate requirements applicable because
of local climatic or other conditions. Such rules shall not have the
effect of waiving structural requirements or proper operation of existing
or proposed systems specifically provided for in this code or of violating
accepted engineering practice involving public safety.
4.
105.5.3 Expiration. Every permit issued shall become
invalid unless the work on the site authorized by such permit is commenced
within ninety (90) days after its issuance, or if the work authorized
on the site by such permit is suspended or abandoned for a period
of ninety (90) days after the time the work is commenced, or after
one (1) year from the date of issuance if the permit has not otherwise
expired. The Building Official is authorized to grant, in writing,
one (1) or more extensions of time, for periods not to exceed thirty
(30) days each. An extension shall be requested in writing and justifiable
cause must be demonstrated.
5.
105.5.3.1 Expiration of demolition permits. Demolition
work shall be completed within thirty (30) days after the date of
issuance of the demolition permit. The Building Official may, after
receiving a written request from the applicant, grant one (1) or more
thirty-day extensions to this permit if the applicant presents evidence
of justifiable cause.
6.
105.6.1 Work commencing before permit issuance. Where any work for which a permit is required by this code is started,
or proceeded with, prior to obtaining said permit, the normal applicable
fee shall be doubled and a penalty fee of up to five hundred dollars
($500.00) may be charged by the Building Official. The payment of
said doubled fee or penalty shall not relieve any persons from fully
complying with the requirements of this code or from other penalties
prescribed herein.
7.
105.6.2 Schedule of fees. The fees for plan examinations,
issuing permits, making inspections, working overtime, issuing certificates
of occupancy, establishing escrow funds and other administrative enforcement
activities performed by the building department shall be paid in accordance
with the fees established in Appendix B, Community Development and
Public Works Fee Schedule, of the City Code of Ordinances.
8.
105.6.2.1 Building Code Board of Appeals filing fee. A filing fee of one hundred fifty dollars ($150.00) shall be paid
upon the submittal of the written appeal in order for a quorum of
the Building Code Board of Appeals to be notified to convene for the
purpose of hearing an appeal of a decision of the Building Official
as set forth in Section 108. The filing fee shall be refunded to the
applicant if the board reverses the decision of the Building Official.
9.
105.6.3 Fee refunds. In the case of revocation
of a permit no refund shall be granted. Any excess fee for a project
that has not been commenced shall be returned to the permit holder
upon written request received no later than twelve (12) months after
the date the permit was issued and the permit shall be cancelled.
All plan examination fees, permit processing fees, inspection fees
and penalties that have been imposed upon the permit holder under
the requirements of this code shall be deducted from the refund or
paid by the permit holder prior to any refund being granted.
10.
105.7 Placement of permit and inspection placard. The building permit or copy shall be kept on the site of the work
until the completion of the project. An inspection placard shall be
posted on the job site in accordance with Section 106.1.1 of this
code.
11.
105.8 Compliance with permit. All work shall conform
to the approved application and the approved construction documents
for which the permit has been issued and any approved amendments to
the approved application or the approved construction documents.
12.
105.9 Compliance with codes and ordinances. Neither
the granting of a permit, nor the approval of the construction documents,
nor inspections made by the Building Official, or his/her authorized
representative, during the erection of the building, structure, or
any alteration or addition thereto, shall in any way relieve the owner
or tenant of such building, structure, or property from complying
with the requirements of this code, the Creve Coeur Zoning Code or
any other governing law or ordinance.
13.
106.1.1 Inspection placard. Work requiring a permit
shall not commence until the permittee or his/her agent posts an inspection
placard at the job site for recording inspections. Failure to maintain
this inspection placard will not relieve the permittee of responsibility
as provided by this code. When work has progressed to a point of having
windows, or when the job is an alteration or addition, the placard
shall be attached to the available glass in view for recording the
balance of inspections required by the code. Absence of the inspection
placard shall result in the imposition of a penalty fee as set forth
in Section 105.6.2.
14.
106.4.1 Electrical rough-in inspection. An electrical
rough-in inspection shall be made to verify that all pool equipment,
diving boards, ladders, light fixtures, reinforcement, etc., have
been properly bonded and/or grounded in accordance with the St. Louis
County Electrical Code. None of this electrical work shall be concealed
until this inspection has been made and approved by the St. Louis
County electrical inspector.
15.
106.4.2 Excavation inspection. An excavation inspection
shall be made to verify the correct location of the swimming pool;
that soil conditions are acceptable; that the reinforcing steel has
been cleaned and tied in place and the circulation piping has been
installed. No concrete shall be placed until this inspection has been
approved by the City Inspector.
16.
106.4.3 Pool deck inspection. A pool deck inspection
shall be made to verify the thickness of the rock base and concrete
slab, and that the reinforcement steel has been installed. No concrete
shall be placed until this inspection has been approved by the City
Inspector.
17.
106.4.4 Pool heater gas piping inspection. This
inspection shall be made to verify the type and depth of the pool
heater gas piping. This piping shall not be concealed until this inspection
has been approved by the City Inspector.
18.
106.4.5 Rough grading inspection. A rough grading
inspection shall be made after the site has been graded to the elevations
and contours shown on the City-approved plans. No ground cover shall
be planted or placed until this inspection has been approved by the
City Inspector.
19.
106.4.6 Electrical final inspection. Upon completion
of all electrical work, an electrical final inspection shall be made
and approved by the St. Louis County electrical inspector.
20.
106.4.7 Final grading inspection. A final grading
inspection shall be made by the City Inspector after ground cover
has been established and erosion of soil will no longer occur from
the site.
21.
106.4.8 Final building inspection. A final building
inspection shall be made by the City Inspector after all other required
inspections have been approved by the appropriate inspectors.
22.
106.5.1 Duty to request a final inspection and obtain
final approval. Upon completion of the work described in the
permit application and on the approved construction documents, the
permit holder shall request a final inspection and obtain final approval.
Failure of the permit holder to make a timely request for a final
inspection and obtain final approval shall constitute a violation
of the Swimming Pool and Spa Code, shall subject the permit holder
to penalties as set forth in Section 107.4, and shall result in forfeiture
to the City of any funds deposited in escrow in connection with the
permit if the failure continues after thirty (30) days' written notice
sent by certified mail to the last known address of the permit holder,
in order to offset at least some of the costs incurred by the City
as a result of such continuing failure. The Building Official shall
be responsible for sending such notices, including to all permit holders
that have failed to make a timely request for a final inspection as
of the effective date of these provisions. Unless the permit holder
applies in signed writing for segregated investment of its escrow
deposit at the time of permit application, an escrow deposit may be
invested by the City with other municipal funds and any income derived
there from may be used for general revenue purposes at any time. If
the permit holder applies by timely signed writing for segregated
investment of its escrow deposit, the City shall segregate such funds
and invest them in the same manner as allowed for municipal funds,
to the extent practicable given the amount of the escrow; however,
no return is assured and the City shall have no liability whatsoever
other than to pay any income actually derived from such investment
in the event of return of such escrow deposit. In the event of a forfeiture
of an escrow deposit, any income from segregated investment shall
also be forfeited.
23.
107.4 Violation, penalties. Any person who shall
violate a provision of this code, or fail to comply therewith, or
with any requirements thereof, shall be guilty of an ordinance violation,
punishable by a fine of not more than one thousand dollars ($1,000.00).
Each day that a violation continues after due notice has been served
shall be deemed a separate offense.
[Ord. No. 5836, 4-24-2023]
24.
107.5.1 Mud, debris or an excessive amount of surface
water on streets and adjacent properties. After a verbal warning
to the owner or contractor, the Building Official shall have the authority
to issue a stop work order to any project which is causing mud, debris
or an excessive amount of surface water to be transferred to any street
or adjacent property.
25.
107.5.2 Housekeeping. All construction site rubbish,
trash and/or debris shall be stored in a refuse dumpster or other
approved refuse container placed out of the City's right-of-way and
on the property where construction activity is occurring. The entire
construction site shall be kept in a safe and sanitary condition and
free of accumulations of rubbish, trash and/or debris. Failure to
do so shall result in the Building Official issuing a stop work order
until said rubbish, trash and/or debris is disposed of to the satisfaction
of the Building Official.
26.
107.5.3 Unlawful continuance. Any person who shall
continue any work after having been served with a stop work order,
except such work as that person is directed to perform to remove a
violation or unsafe condition, shall be subject to penalties as set
forth in Section R113.4.
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SECTION 108
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MEANS OF APPEAL
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27.
108.1 General. In order to hear and decide appeals
of orders, decisions or determinations made by the Building Official
relative to the application and interpretation of this code, there
is and shall remain a Building Code Board of Appeals. The board shall
adopt rules of procedure for conducting its business.
28.
108.2 Limitations on authority. Any person shall
have a right to appeal a decision of the Building Official to the
Building Code Board of Appeals. An application for appeal shall be
based on a claim that the true intent of this code or the rules legally
adopted thereunder have been incorrectly interpreted, the provisions
of this code do not fully apply, or an equivalent form of construction
should be allowed to be used. The board shall have no authority to
waive requirements of this code.
29.
108.3 Time limitation and filing procedure. All
appeals shall be filed in writing with the Building Official. A written
appeal may not be filed more than thirty (30) days after the affected
individuals are notified of the Building Official's decision.
30.
108.3.1 Filing fee. An application for appeal shall
not be filed without full payment of the filing fee as set forth in
Section 105.6.2.1. Said filing fee shall be refunded to the applicant
if the board reverses the decision of the Building Official.
31.
108.4 Membership of board. The Building Code Board of Appeals shall consist of five (5) regular members, who shall be residents of the City of Creve Coeur, appointed pursuant to Section 4.4(i) of the City Charter for three-year staggered terms. To the extent possible, based on applications submitted to the City, members of the Building Code Board of Appeals should be representative of the following professions or disciplines: registered architects, builder or superintendent of building construction with ten (10) years of experience, structural engineer, code enforcement professional, mechanical engineer, electrical engineer, civil engineer, fire protection engineer, mechanical contractor, electrical contractor, plumbing contractor, fire protection contractor, or other disciplines associated with the building trades or design professions.
32.
108.4.1 Chair. The Chair of the Building Code Board
of Appeals shall be elected annually by members of the Building Code
Board of Appeals.
33.
108.4.2 Secretary. The City Administrator shall
designate a qualified clerk to serve as secretary to the board. The
secretary shall file a detailed record of all proceedings in the office
of the City Administrator.
34.
108.4.3 Compensation of members. Members of the
Building Code Board of Appeals shall not be compensated for service
but shall be reimbursed for actual expenses pursuant to established
City policy.
35.
108.4.4 Code of Ethics for members. All members
shall be subject to the City's Code of Ethics.
36.
108.5 Notice of meeting. The Building Code Board
of Appeals shall meet upon notice from the chair, within five (5)
calendar days of the filing of a written appeal with the Building
Official, or at stated periodic meetings.
37.
108.6 Open hearing. All hearings before the Building
Code Board of Appeals shall be open to the public. Proper public notice
shall be given. The appellant, the appellant's representative, the
Building Official, and any person whose interests are affected shall
be given the opportunity to be heard.
38.
108.6.1 Procedure. The board shall adopt and make
available to the public through the secretary procedures under which
a hearing will be conducted. The procedures shall not require compliance
with strict rules of evidence but shall mandate that only relevant
information be received.
39.
108.7 Quorum. Three members of the Building Code
Board of Appeals shall constitute a quorum for the purpose of hearing
appeals.
40.
108.8 Board decision. The Building Code Board of
Appeals shall only reverse or modify the decision of the Building
Official by a majority vote of the quorum present and voting. Otherwise,
the decision of the Building Official shall be deemed to be upheld.
41.
108.1.1 Notification of decision. The secretary
of the board shall notify the appellant and the Building Official
of the decision in writing.
42.
108.1.2 Administration. The Building Official shall
take immediate action in accordance with the decision of the board.
43.
108.9 Court review. Any aggrieved person, whether
or not a previous party of the appeal, shall have the right to apply
to the appropriate court for a writ of certiorari to correct errors
of law. Application for review shall be made in the manner and time
required by law following the filing of the decision of the Building
Code Board of Appeals in the office of the City Administrator.
[Ord. No. 5694, 4-13-2020]
A.
Chapter 2 of the International Swimming Pool and Spa Code, 2015,
First Edition, is amended as set forth below. Each Section, Subsection,
or clause of the code that numerically corresponds to one of the following
numbered provisions is hereby deleted where so noted, or amended to
read as set forth below. Each provision set out below without a corresponding
Section, Subsection, or clause number in the code is hereby enacted
and added thereto.
1.
201.3 Terms defined in other codes. Where terms
are not defined in this code and are defined in the International
Building Code, International Residential Code, International Fire
Code, St. Louis County Mechanical Code, St. Louis County Electrical
Code, St. Louis County Plumbing Code, International Energy Conservation
Code or International Property Maintenance Code, such terms shall
have the meanings ascribed to them as in those codes.
[Ord. No. 5694, 4-13-2020]
A.
Chapter 3 of the International Swimming Pool and Spa Code, 2015,
First Edition, is amended as set forth below. Each Section, Subsection,
or clause of the code that numerically corresponds to one of the following
numbered provisions is hereby deleted where so noted, or amended to
read as set forth below. Each provision set forth below without a
corresponding Section, Subsection, or clause number in the code is
hereby enacted and added thereto.
1.
302.1 Electrical. Electrical requirements for aquatic
facilities shall be in accordance with the St. Louis County Electrical
Code.
2.
302.5 Backflow protection. Water supplies for pools
and spas shall be protected against backflow in accordance with the
St. Louis County Plumbing Code.
3.
302.6 Waste-water discharge. Where waste water
from pools and spas, backwash from filters and water from deck drains
discharge to the building drainage system, such installation shall
be in accordance with the St. Louis County Plumbing Code.
4.
305.2.4 Mesh fence as a barrier. Delete this Section
in its entirety.
5.
305.1.1 Location of the barrier for residential swimming
pools and spas. The barrier for residential swimming pools
and spas shall be located directly around the swimming pool and spa
in such a manner so as to separate the swimming pool and spa area
from any children's play area.
6.
305.5 On-ground residential pool structure as a barrier. An on-ground residential pool wall structure or a barrier mounted
on top of an on-ground residential pool wall structure shall serve
as a barrier where all of the following conditions are present:
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1.
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No changes made.
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2.
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No changes made.
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3.
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Ladders or steps used as a means of access to the pool are surrounded
by a barrier that meets the requirements of Section 305.
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4.
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Delete this condition.
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5.
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Re-number condition 5 to 4.
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7.
306.9.1 Hose bibbs. Hose bibbs shall be provided
for rinsing down the entire deck and shall be installed in accordance
with the St. Louis County Plumbing Code.
8.
307.4.1 Installation. Equipment for pools and spas
shall be supported by a concrete pad, wood deck or other approved
method to prevent damage from misalignment and settling and located
so as to allow access for inspection, servicing, removal and repair
of component parts.
9.
316.4.1 Barrier around pool heaters. Pool heaters
shall be surrounded by a barrier to prevent accidental contact by
children. Said barrier shall be constructed in accordance with Section
305.
10.
318.2 Protection of potable water supply. Potable
water supply systems shall be designed, installed and maintained in
accordance with the St. Louis County Plumbing Code.
11.
320.1 Backwash water or draining water. Backwash
water and draining water shall be discharged in accordance with the
St. Louis County Plumbing Code.
Exception: Residential swimming pools shall be
equipped to be completely emptied of water and the equipment shall
be equipped to be properly flushed. Any discharged or flushed water
shall be disposed of onto an adjacent street, into storm sewers or
in an approved manner that will not create a nuisance to adjoining
property.
12.
321.4 Residential pool and deck illumination. Where
lighting is installed for, and in, residential pools and permanent
residential spas, such lighting shall be installed in accordance with
the St. Louis County Electrical Code.
[Ord. No. 5694, 4-13-2020]
A.
Chapter 4 of the International Swimming Pool and Spa Code, 2015,
First Edition, is amended as set forth below. Each Section, Subsection,
or clause of the code that numerically corresponds to one of the following
numbered provisions is hereby deleted where so noted, or amended to
read as set forth below. Each provision set out below without a corresponding
Section, Subsection, or clause number in the code is hereby enacted
and added thereto.
1.
402.2 Manufactured and fabricated diving equipment. Manufactured and fabricated diving equipment shall be in accordance
with this Chapter and Section 808 and shall be designed for swimming
pool use.
2.
405.1 Wading pools. Class F wading pools shall
be separate pools with an independent circulation system, shall be
physically separated from other classes of pools by a minimum distance
of fifteen (15) feet or by a barrier constructed in accordance with
Section 305 and shall be constructed in accordance with Sections 405.2
through 405.6.
3.
410.1 Dressing and sanitary facilities. Dressing
and sanitary facilities shall be provided for all Classes of pools
as required by the International Building Code and the St. Louis County
Plumbing Code.
[Ord. No. 5694, 4-13-2020]
Chapter 5 of the International Swimming Pool and Spa Code, 2015,
First Edition, is adopted without modification.
[Ord. No. 5694, 4-13-2020]
Chapter 6 of the International Swimming Pool and Spa Code, 2015,
First Edition, is adopted without modification.
[Ord. No. 5694, 4-13-2020]
Chapter 7 of the International Swimming Pool and Spa Code, 2015,
First Edition, is adopted without modification.
[Ord. No. 5694, 4-13-2020]
A.
Chapter 8 of the International Swimming Pool and Spa Code, 2015,
First Edition, is amended as set forth below. Each Section, Subsection,
or clause of the code that numerically corresponds to one of the following
numbered provisions is hereby deleted where so noted, or amended to
read as set forth below. Each provision set out below without a corresponding
Section, Subsection, or clause number in the code is hereby enacted
and added thereto.
1.
801.2 General. In addition to the requirements
of this Chapter, permanent in-ground residential swimming pools shall
comply with the requirements of Chapter 3.
[Ord. No. 5694, 4-13-2020]
Chapter 9 of the International Swimming Pool and Spa Code, 2015,
First Edition, is adopted without modification.
[Ord. No. 5694, 4-13-2020]
Chapter 10 of the International Swimming Pool and Spa Code,
2015, First Edition, is adopted without modification.
[Ord. No. 5694, 4-13-2020]
A.
Chapter 11 of the International Swimming Pool and Spa Code, 2015,
First Edition, is amended as set forth below. Each Section, Subsection,
or clause of the code that numerically corresponds to one of the following
numbered provisions is hereby deleted where so noted, and amended
to read as set forth below. Each provision set out below without a
corresponding Section, Subsection, or clause number in the code is
hereby enacted and added thereto.
B.
This Chapter lists the standards that are referenced in various Sections
of this document. The standards are listed herein by the promulgating
agency of the standard, the standard identification, the effective
date and title, and the Section or Sections of this document that
reference the standard. The application of the referenced standards
shall be as specified in Section 102.7.
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ICC - International Code Council
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500 New Jersey Ave., NW
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6th Floor
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Washington, DC 20001
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Standard reference number
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Title
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Referenced in Code Section number
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DELETE: IPC - 15
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International Plumbing Code
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ADD: Plumbing Code-
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St. Louis County Plumbing Code
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No changes made.
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NFPA - National Fire Protection Association
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1 Batterymarch Park
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Quincy, MA 02269
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Standard reference number
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Title
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Referenced in Code Section number
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DELETE: 70-14
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National Electrical Code
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ADD: Electrical Code-
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St. Louis County Electrical Code
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No changes made
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